Chapter 7Suspension and Revocation of Licenses
Section § 24200
This section explains various reasons why a license to sell alcohol can be revoked or suspended in California. This includes actions that are harmful to public welfare or morals, violating specific laws or rules, lying on a license application, being convicted of certain crimes, or not addressing nuisance issues like noise or public drunkenness around the place of business. It outlines what 'reasonable steps' a business must take to address such nuisances, like calling law enforcement or removing items that attract loitering. Some types of businesses, like certain restaurants or hotels, have exemptions from some of these rules.
Section § 24200.1
This law states that businesses with licenses (like bars or liquor stores) can have their licenses suspended or revoked if they don't address problems around their property that disturb the peace, such as loud noise or public drunkenness. They must act within 30 days of getting official notice to fix these issues in areas directly next to their property and on nearby public sidewalks. Correcting these issues doesn't absolve their ongoing responsibility to manage them. Reasonable steps include calling the police, asking disruptive people to stop, and removing items that encourage loitering. Some businesses, like restaurants or hotels with on-sale licenses, have exemptions from sidewalk-related issues. A hearing to review violations must happen within 60 days of a formal complaint.
Section § 24200.5
This law requires that a license be revoked if a business with a retail license breaks certain serious rules. First, if the business knowingly allows illegal drug sales or negotiations for such sales on their property, they can lose their license. Continuous or repeated sales show evidence that the business allows it. Second, if the business lets employees or others persuade customers to buy them drinks through a profit-sharing scheme like commissions or bonuses, the license must also be revoked.
Section § 24200.6
This law says that if a business or its workers are involved in activities related to illegal drug use, such as selling items to grow or use drugs, their business license can be taken away. The business is assumed to know these items are for drug use if they’ve been told in writing by the authorities that the items are commonly used for that purpose.
Section § 24200.7
If someone who holds a license, or one of their employees, makes, sells, or offers powdered alcohol, their license will be taken away or put on hold.
Section § 24200.8
This law explains that when deciding on punishment for breaking rules about giving alcohol to someone, the authorities can take into account if that action led to someone's death or major injury.
Section § 24201
If someone believes a license holder is doing something wrong, they can file a written complaint with the department. The complaint needs to include reasons that could lead to suspending or revoking the person's license.
Section § 24202
This law requires that all arrests involving businesses with specific types of licenses must be reported to the relevant department within 10 days. The department then investigates if there's a reason to suspend or revoke the license. However, the department cannot start an investigation or revoke a license just because a licensee reports suspected drug activity unless it happened with the licensee's knowledge and consent.
Section § 24203
Local authorities, like city councils or police chiefs, can file complaints against businesses with licenses to sell alcohol both on-site or off-site (like bars or liquor stores). If they think a license should be taken away or paused, they can ask for it. After they file a complaint, a public hearing must be held nearby to decide if the license should be suspended or revoked. If there's a claim that public health or safety is at risk, this hearing has to happen within 60 days.
Section § 24204
If someone with a license to handle alcoholic drinks is found guilty of breaking the Sherman Food, Drug, and Cosmetic Law, the health department has to tell the licensing department right away. Then, the licensing department must investigate to see if there's a reason to suspend or take away that person's license.
Section § 24205
If the bond for your alcoholic beverage license is canceled or becomes invalid, or if you fail to pay certain taxes related to your license, your license will be automatically suspended. However, you can have it reinstated by filing a new valid bond or paying your overdue taxes. This suspension for tax issues will only happen if you're at least three months behind on payments. If your license gets suspended, you can request a hearing with at least five days' notice.
Section § 24206
This law says that if someone is going to accuse a licensee of breaking certain alcohol-related rules, the accusation has to be made within one year. This time limit applies to a specific list of rules that deal with things like alcohol sales and licensing.
Section § 24207
This law states that any formal charges against license holders for breaking specific alcohol-related rules must be filed within three years. This means there's a three-year time limit to take official action if someone is accused of violating certain alcohol regulations.
Section § 24208
This section outlines when the time periods for possible license suspension or revocation actions begin. For a single incident, the clock starts on the date of that incident. If it's an ongoing issue or involves multiple incidents, the time starts from the last incident. If the case involves deception like fraud, it begins when the fraud is discovered. For criminal convictions, it starts once the conviction is final.
Section § 24209
If someone is arrested for breaking rules under this division, the officer can let them go if they promise in writing to appear in court at a specific time and place. If the person arrested is a license holder or works for someone with a license, the officer must release them under the same written promise to show up in court.
Section § 24211
This law allows the department to review and reduce a penalty on its own initiative before the penalty takes effect. No additional hearings or proceedings are needed for this review.